§ 40.3. General policy.
(a) Officers and employes shall be entitled to receive reimbursement for out-of-pocket expenses incurred in the performance of their duties within maximums prescribed under this chapter.
(b) Maximums established under this chapter are not flat allowances and only amounts actually expended may be claimed.
(c) The Offices of Administration and the Budget will issue, through the Directives Managements System, guidelines, administrative procedures, documentation requirements, and maximum amounts of reimbursement for travel and subsistence expenses of officers and employes under the Governor’s jurisdiction. Other agencies subject to section 216 of The Administrative Code (71 P.S. § 76) but not under the Governor’s jurisdiction will also adopt guidelines, administrative procedures, documentation requirements, and maximum amounts of reimbursement for their officers and employes. Guidelines, administrative procedures, documentation requirements, and maximum amounts of reimbursement shall be submitted to the Executive Board and shall become effective upon Executive Board approval. In the absence of approved guidelines, the current issuance of the Directives Management System pertaining to travel and subsistence shall apply to officers and employes subject to this chapter.
(d) Officers and employes shall not be eligible for reimbursement of meals or lodging when furnished by the Commonwealth without charge or when furnished by friends or relatives.
(e) Officers and employes traveling on official business are expected to exercise the same care in incurring expenses that a prudent person would exercise if traveling on personal business. Officers and employes are liable for the repayment of expenditures disallowed by the agency comptroller’s office.
(f) Persons who incur expenses while traveling on official Commonwealth business are to be reimbursed under this chapter and guidelines established under this chapter. To preclude the possibility of financial benefit, expense reimbursements received from another source, such as the Federal government, a private business, an individual, or other party shall be remitted to the agency comptroller’s office immediately upon receipt. Checks received may not be cashed, but must be endorsed to the order of the Commonwealth of Pennsylvania.
Notes of Decisions Since a Memorandum of Understanding arrived at through the ‘‘meet and discuss’’ provisions of the Public Employee Relations Act (43 P.S. § 1101.704), is neither a collective bargaining agreement nor a contract, a dispute arising under the Memorandum is not precluded from Board of Claims jurisdiction under the rule of Kapil v. Association of Pennsylvania State College and University Facilities, 470 A.2d 482 (Pa. 1983) and Liquor Control Board v. Shulin, 471 A.2d 599 (1984). Shaffer v. Liquor Control Board, 500 A.2d 917 (Pa. Cmwlth. 1985).
Were the Board of Claims to accept claimant’s implied contract theory, as an alternative to his claim under a memorandum of Understanding, the Board of Claims could have jurisdiction even though the Memorandum of Understanding contained an arbitration clause. Shaffer v. Liquor Control Board, 500 A.2d 917 (Pa. Cmwlth. 1985).
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